12. Solid Waste Disposal System

IDAHO COUNTY ORDINANCE N0. 12

AN ORDINANCE ESTABLISHING A SOLID WASTE DISPOSAL SYSTEM FOR IDAHO COUNTY, IDAHO; PROVIDING FOR AUTHORITY AND PURPOSE; PROVIDING FOR A SHORT TITLE; PROVIDING FOR SCOPE OF ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR DESIGNATED DISPOSAL SITES; PROVIDING FOR DISPOSAL SITE REFUSE CONTAINERS; PROVIDING FOR MAINTENANCE OF DISPOSAL SITES; PROVIDING FOR DISPOSAL SITE CONTAINER COLLECTION SCHEDULE; PROVIDING FOR LIMITATION ON USE OF DESIGNATED DISPOSAL SITES; PROVIDING FOR DESIGNATED COUNTY LANDFILL; PROVIDING FOR MANDATORY USE OF SYSTEM; PROVIDING FOR OPERATION AND MAINTENANCE OF SYSTEM; PROVIDING FOR FUNDING OF MAINTENANCE AND OPERATION; PROVIDING FOR UNLAWFUL DISPOSAL OF SOLID WASTE; LITTERING UNLAWFUL; SPECIAL PERMITS; CONTRACT AUTHORIZATION; SOLID WASTE COORDINATOR; SEPARABILITY; VIOLATION OF ORDINANCE; PROVIDING AN EFFECTIVE DATE, ALL PURSUANT TO AND IN COMPLIANCE WITH TITLE 31, CHAPTER 44, OF THE IDAHO CODE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY, STATE OF IDAHO, AS FOLLOWS:

ARTICLE I
AUTHORITY PURPOSE, TITLE AND SCOPE
SECTION 1: Authority and Purpose. The purpose of this ordinance is to establish a solid waste disposal system in Idaho County, Idaho, pursuant to the authority of and in compliance with Title 31, Chapter 44 of the Idaho Code.
SECTION 2: Short Title. This ordinance shall be known as and may be cited as “The Solid Waste Ordinance of Idaho County,”
SECTION 3: Scope of Ordinance. This Ordinance shall apply to all lands and premises in Idaho County, except those located within the corporate limits of any city that is operating and maintaining a solid waste disposal system in compliance with Idaho Law, and except land held in trust by the United States for Indians.

ARTICLE II
DEFINITIONS
SECTION 4: Definitions. For the purposes of this Ordinance, the following words and phrases shall have the following meanings:
A. Ashes: The residue from the burning of wood, coal-, or other combustible materials.
B. Board: The Board of County Commissioners of Idaho County, Idaho.
C. Bulky Items: Items of solid waste that, due to their large size, are not or cannot be handled by the general collection service.
D. Collector: The person holding a license or con­tract with the County, or employed by the County and thereby authorized or designated by the County to collect, handle, transport and dispose of solid waste.
E. Commercial Premises: Multi-family dwellings, rooming houses, apartment houses, hospitals, nursing and convalescent homes, hotels, motels, restaurants, drive-in establishments, mobile home parks, trailer courts, schools, kindergartens, and any other place of habitation, office, shop, or establishment or place of conducting a business, trade, profession, or occupation.
F. County: The County of Idaho, State of Idaho.
G. Garbage: All putrescible waste, except sew­age and body waste, including waste accumulated of animal, food or vegetable matter, and includ­ing waste that attends the preparation, use, cooking, dealing in or storing meat, fish, fowl, fruit and vegetables, and shall include all such wastes or accumulations of vegetable matter of residences, restaurants, hotels and places where food is prepared for human con­sumption. The term “garbage” shall not include industrial waste or sewage.
H. Hazardous Materials: Any waste that may by itself or in combination with other waste, be infectious, explosive, poisonous, highly flammable, caustic or otherwise dangerous or injurious to human, plant or animal life.
I. Industrial Waste: Includes all waste from industrial, agricultural, logging or other business that is not acceptable for collection as being too bulky, hazardous or inflammable.
J. Person: The United States or agencies thereof, any state or public or private corporation, local government unit, public agency, indivi­dual, partnership, association, firm, trust, estate, or any other entity.
K. Premises: Land and all buildings and structures thereon, including, but not limited to, single or multifamily dwellings, rooming houses, apartment houses, hospitals, nursing and convalescent homes, hotels, motels, restaurants, drive-in establishments, schools, kindergartens, and any other place of habitation, office, shop or establishment or place of conducting a business, trade, profession, or occupation.
L. Putrescible Wastes: Solid wastes capable of being decomposed anaerobically with sufficient rapidity as to cause nuisances from offensive odors or produce fly-breeding conditions.
M. Recyclable Materials: Products, including paper, cardboard, metal, glass, or other substance capable of being reprocessed into consumer materials, which have served the purpose for which they were originally manu­factured or produced and have passed through their end usage as consumer items, and which have been discarded or placed for collection by their owner, whether or not such products have monetary value.
N. Refuse: All garbage and rubbish.
O. Rubbish: Nonputrescible solid waste, both combustible and noncombustible, including, but not limited to, ashes, paper, cardboard, tin cans, bottles, wooden boxes, brush, leaves, weeds, yard and tree trimmings, wood, glass, bedding, crockery, plastic, metal, and similar materials. It shall not include industrial waste, hazardous materials, or bulky items.
P. Resident or Owner: Every person, including lessees and occupants, in possession, charge, custody or control of any premises, residential or commercial, where solid waste is created or accumulated.
Q. Residential Units: Every type of dwelling unit, including, but not limited to, houses, apartments, and mobile homes,
R. Solid Waste: All solid material that is con­sidered to be useless, unwanted, or dis­carded by the person in possession of it, including, but not limited to ashes, garbage, refuse, rubbish, or any combination thereof. Solids and gaseous or liquid wastes that are in the process of treatment for reuse and naturally occurring rock and soil are not considered solid waste.
S. Solid Waste Coordinator: The authorized employee of the County or individual designated by the Board as having the duty of the enforcement of this Ordinance.
T. System: The lands, sites, facilities, equip­ment, regulation, procedures and schedules established by this Ordinance for the collec­tion, transportation, storage, treatment, pro­cessing, reuse, recycling or other means necessary for the disposal of solid waste in Idaho County, Idaho.
U. Waste: A gaseous, liquid, or solid material that is considered to be useless, unwanted, or discarded by the person in possession of it.

ARTICLE III
DESIGNATED DISPOSAL SITE SOLID WASTE DISPOSAL SYSTEM
SECTION 5: Designated Disposal Sites. The Board, or the authorized Solid Waste Coordinator shall designate places in the County for the location of refuse containers for the purpose of the dumping and depositing of refuse. Any such place shall be known as an Idaho County Disposal Site.
SECTION 6: Disposal Site Refuse Containers. At each disposal site designated by the Board, there shall be located and maintained refuse containers, which shall be sufficient in size or number to receive and contain the accumulation of refuse deposited therein between collec­tion dates. All Disposal Site refuse containers shall have easily operated lids, and shall be maintained in a good working, clean, well-painted and sanitary condition by the authorized collector.

SECTION 7: Maintenance of Disposal Sites.
A. Each disposal site shall be maintained in a clean and sanitary manner by the collector serving such site.
B. Each person depositing refuse at such sites shall deposit all refuse in the refuse containers provided therefore and shall be responsible for cleaning up any spillage of waste caused by such person at such sites.

SECTION 8: Disposal Site Container Collection Schedule: The Board of its authorized Solid Waste Coordinator shall establish regular disposal site container collection schedules for the collection, transportation and disposal of refuse accumulated therein. Such schedules shall be sufficiently frequent to prevent the unlawful accumulation of refuse.

SECTION 9: Limitation on Use of Designated Disposal Sites.
A. No person shall deposit industrial waste, hazardous materials or bulky items at the designated disposal sites.
B. No persons owning or occupying commercial premises creating or accumulating a continuous volume of more than one (1) cubic yard of refuse each week shall deposit such refuse at the designated disposal sites.
C. No persons owning or occupying premises within a city in Idaho County shall deposit any solid waste from such premises at the designated disposal sites unless such city has entered into a contract with the County joining the County system.
D. No persons owning or occupying premises within or upon lands held in trust by the United States for Indians shall deposit any solid waste from such premises at the designated disposal sites unless the NezPerce Tribal Council has entered into a contract with the County joining the County system.

SECTION 10: Designated County Landfill.
A. For the protection and preservation of the safety, health and general welfare of the inhabitants of the County, there shall be established at such places and locations as the Board may, from time to time, designate, a place for dumping of solid waste, to be known as the Designated County Landfill.
B. The site of the landfill shall be chosen with regard to drainage and topography for its operation, and in com­pliance with applicable law.
C. The Board may make and enforce rules and regulations governing the operation and maintenance of the landfill.
D. The landfill shall be maintained and operated in accordance with applicable law. E. Until otherwise designated by the Board, the designated County landfills shall be the sanitary landfills located at Syd Walker’s land near Grangeville; Blackhawk Bar near Riggins; and the City of Kamiah landfill, and the Elk City landfill.

SECTION 11: Mandatory Use of System.
A. All solid waste in Idaho County must be disposed of in the County Solid Waste Disposal System as herein provided.
B. Garbage and rubbish must be disposed of:
1. By depositing the same at the designated disposal sites, subject to the limita­tions on use of designated disposal sites herein provided; or,
2. By contracting with an authorized collector for the disposal of same; or,
3. By depositing the same at the designated land­fill after first obtaining the appropriate permit therefore; or,
4. By disposing of the same pursuant to a special permit as herein provided.
C. Industrial waste and bulky items shall be disposed of by dumping the same at the designated landfill after first obtaining the appropriate permit therefore, or by disposing of the same pursuant to a special permit herein provided.
D. Hazardous materials and dead animals shall be disposed of in accordance with the rules, regulations and directives of the North Central District Health Department or the Idaho Department of Health and Welfare.

SECTION 12: Operation and Maintenance of System;
The Board reserves the right to perform the maintenance and operation of the solid waste disposal system in any of the ways authorized by Section 31-4403 of the Idaho Code, or any combination thereof.

SECTION 13: Funding or Maintenance and Operation;
A. The maintenance and operation of the solid waste dis­posal system shall be funded by the assessment and collection of a fee imposed upon each and every residence in Idaho County, except those located within the corporate limits of any city that is operating and maintaining a solid waste disposal system in compliance with Idaho Law, and except those located in areas of the County where no collection or disposal services are provided due to remoteness of such locations.
B. Payment of the fees for maintenance and operation of the system shall be compulsory upon a11 premises within the County, excepting those located within the corporate limits of any city that is operating and maintaining a solid waste disposal system in compliance with Idaho Law, and except those located in areas of the County where no collection or disposal services are provided due to remoteness of such locations.
C. The amount of the fees shall be determined by the Board.
D. All such fees shall be billed annually by the Idaho County Treasurer with the annual tax statement or otherwise as directed by the Board.
E. All such fees shall be payable and collected in the same manner as are real and personal property taxes under Title 63, Chapter 11, and chapters 12 and 13, of the Idaho Code.
F. All fees collected shall be placed in a special fund to be known as the Solid Waste System Fund, and all expenses of the County in the establishment and operation of the system shall be paid there from so long as funds are available therein. Any funds from fees collected for solid waste service remaining therein at the end of each fiscal year shall be retained in the Solid Waste Fund. Any funds from other sources remaining therein at the end of each fiscal year shall be returned to the source thereof. In the event the funds in the Solid Waste System Fund are at any time insufficient to maintain and operate the system, such expenses may be paid by order of the Board from current revenues of the County, in accordance with Section 31-4404 of the Idaho Code.

SECTION 14: Unlawful Accumulation of Solid Waste.
It shall be unlawful for any person to accumulate or to permit or to cause the accumulation in or about any premises or upon any road, street, alley, or public way adjacent to such premises owned or occupied by such persons, any solid waste in any amount or manner that will contribute to or result in danger to public health, or the creation or ex­istence of a nuisance or safety hazard, or the pollution of water or air or excessive land abuse.

SECTION 15: Littering Unlawful. It shall be unlawful for any person to throw, discard, deposit or litter any solid waste upon any private or public property or right-of-way in Idaho County, or to allow any solid waste to become deposited on or carried by wind or air upon any private or public property or right-of-way in Idaho County.

SECTION 16: Special Exemptions.
A. The Board shall have authority to issue special exemp­tions to persons who apply therefore, exempting such persons from payment of all or a part of the fees imposed to fund the maintenance and operation of the system, upon satisfactory proof that, because of unusual circumstances which effect their ability to pay, such persons should be relieved from paying such fees in order to avoid undue hardship, which un­due hardship must be determined by the Board. Such exemp­tions shall be for the current fee year only and premises exempt hereunder shall be billed and assessed for the ensuing fee years as other premises. Claimants seeking exemption under this provision must apply each year.
B. The Board shall have authority to issue special exemp­tions to persons who apply therefore, exempting such persons from payment of all or a part of the fees imposed to fund the maintenance and operation of the system upon satisfactory proof that because of unusual circumstances, such persons do not create or accumulate solid waste upon the premises owned by such persons and do not use the solid waste disposal system. Such exemption shall be for the current fee year only and premises exempt hereunder shall be billed and assessed for the ensuing fee years as other premises. Claimants seeking ex­emption under this provision must apply each year.

SECTION 18: Contract Authorization:
A. The County, subject to franchises existing at the effective date of this ordinance, may contract for the collection, re­moval and disposal of solid waste and recyclable materials, the operation and maintenance of the designated disposal sites, and the designated landfill or any combination thereof. No such contract shall exceed five (5) years’ duration.
B. The County may contract with cities in Idaho County for the purpose of permitting such cities to join the County solid waste disposal system or the County solid waste collec­tion system hereby established or any combination of the same.
C. The County may contract with the NezPerce Tribal Council for the purpose of permitting such Council to join the County solid waste disposal system or the County solid waste collec­tion system hereby established, or any combination of the same, as well as with the U. S. Forest Service, the U. S. Bureau of Land Management, the State of Idaho, and any organized school districts.

SECTION 19: Solid Waste Coordinator. The Board shall have authority, should the need arise, to appoint a Solid Waste Coordinator and to employ such addi­tional persons as it shall deem necessary to administer the solid waste disposal and collection system. All salaries paid from the Solid Waste FUND shall be determined and fixed by the Board. All duties and responsibilities of the Solid Waste Coordinator shall be determined by the Board and fixed by the Board.

SECTION 20: Separability: Should any section, subsection, paragraph, sentence, or clause of this Ordinance be held, for any person, by a Court of competent jurisdiction to be invalid, the remainder of this Ordinance shall be deemed severable and valid, not­withstanding such partial invalidity.

SECTION 21: Violation of Ordinance: A willful violation of any provision of this Ordinance shall be a misdemeanor, punishable by fine of not more than $300.00 or imprisonment in the county jail for not more than six months, or both such fine and imprisonment. A continuing violation of any such provision is hereby declared to be a public nuisance.

SECTION 22: Effective Date: This Ordinance shall take effect and be in force from and after JULY 1st, 1976, upon its passage, ap­proval and publication in one (l) issue of the Idaho County Free Press, a newspaper of general circulation within Idaho County, Idaho, and published and printed at Grangeville, Idaho.

PASSED upon a roll call vote and duly enacted an ordinance of Idaho County, State of Idaho, at a regular meet­ing of the Board of County Commissioners held on Wednesday the 30th day of June1976, at 5:00o’clock P.M. of such day.